National Security (Fire-arms and Explosives) Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No..

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this twenty seventh day of November, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

Amendments of the National Security (Fire-arms and Explosives) Regulations.

Definitions.

1. Regulation 2 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting the definitions of “authorized person” and “bona fide vendor” and inserting in their stead the following definitions:—

“‘authorized person’ means—

(a) any officer of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth who is not below the rank of sergeant or who is the officer-in-charge of any Police Station; and

(b)any other person who is authorized in writing by the Minister to be an authorized person for the purposes of these Regulations;

‘bona fide vendor’ means a person who, in pursuance of a permit issued under regulation 8a of these Regulations, is authorized to buy, sell or otherwise deal in fire-arms, ammunition or explosive substances in the ordinary course of his business;”.

Permit under law of State or Territory not to exempt from Regulations.

2.Regulation 3 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting the word “A” and inserting in its stead the words “Subject to sub-regulation (2.) of regulation 17 of these Regulations, a”.

 

*Notified in the Commonwealth Gazette on , 1940.

 Statutory Rules 1940, No. 108.

5349.—12/28.8.1940.—PRice 3d.

Power to prohibit possession of firearms, etc. by specified classes of British subjects.

3. Regulation 7 of the National Security (Fire-arms and Explosives) Regulations is amended—

(a) by omitting the word “notice” (wherever occurring) and inserting in its stead the word “order”; and

(b) by omitting the words “published in the Gazette”.

4. After regulation 8 of the National Security (Fire-arms and Explosives) Regulations the following regulation is inserted:—

Permit to bona fide vendor.

“8a.—(1.) An authorized person may issue a permit to any person authorizing him, subject to such conditions as are specified in the permit or prescribed by these Regulations, to buy, sell or otherwise deal in fire-arms, ammunition or explosive substances in the ordinary course of his business and may at any time revoke any such permit.

(2.) Unless sooner revoked, any such permit shall be in force for such period, not exceeding twelve months, as is specified in the permit.”.

Permit to purchase fire-arms, etc.

5. Regulation 9 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting from sub-regulation (2.) the words “and ammunition” and inserting in their stead the words “, ammunition and explosive substances ”.

Power to give directions to bona fide vendors.

6. Regulation 11 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting the word “An” and inserting in its stead the words “Subject to the provisions of any order made under regulation 18 of these Regulations, an”.

Power to enter, search and seize.

7. Regulation 15 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Any-

(a)member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth who is not below the rank of sergeant or who is authorized in writing by a member not below that rank, or who is the officer-in-charge of any Police Station; or

(b) person authorized in writing by the Minister so to do,

may at any time in the day or night enter and search any premises or vessel or part thereof where any fire-arm, ammunition or explosive substance is or is suspected to be, and may seize any fire-arm, ammunition or explosive substance which he has reasonable grounds for believing is evidence of the commission of an offence against these Regulations and, if necessary for any of those purposes, may break into and enter such premises or vessel or part.”.

Offences to be continuing.

8. Regulation 16 of the National Security (Fire-arms and Explosives) Regulations is amended by inserting after the word “permit” the word “, order”.

9. Regulation 17 of the National Security (Fire-arms and Explosives) Regulations is repealed and the following regulations inserted in its stead:—

Exemption from Regulations.

“17.—(1.) The provisions of these Regulations shall not apply in relation to any fire-arm, ammunition or explosive substance—

(a) in the possession of any person by reason of his being a member of the Defence Force or of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth or a Peace Officer under the Peace Officers Act 1925;

(b)in the possession of a consul or other duly accredited representative of any government (other than the government of a country at war with His Majesty) or any member of his staff who has been sent by the government of that country to be employed as a member of his staff or the wife of any such consul, representative or member of his staff; or

(c) in the possession of the master or member of the crew of any public vessel or aircraft of any government (other than the government of a country at war with His Majesty).

(2.) Except in such case or class of cases as the Minister otherwise directs, the provisions of these Regulations shall not apply to any fire-arm or ammunition which is lawfully in the possession of a native of the Territory of Papua or of the Territory of New Guinea who is the holder of any permit issued under the law of the Territory of Papua or of the Territory of New Guinea (as the case may be) authorizing him to be in possession of that fire-arm or ammunition.

(3.) In any case in which there are special circumstances—

(a) the Minister;

(b) the Commandant of a Military District;

(c) the Commissioner or other Chief Officer of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth;

(d)any member of the Defence Force, not below the rank of Lieutenant-Colonel, who is authorized in that behalf by the Minister or by the Commandant of a Military District; or

(e) any officer of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth not below the rank of Inspector who is authorized in that behalf by the Minister or by the Commissioner or other Chief Officer of that Force,

may grant to any alien a permit exempting him from such provisions of these Regulations as are specified in the permit and, subject to compliance with such conditions as are specified in the permit, the alien shall be exempted accordingly.

(4.) Any person authorized by the last preceding sub-regulation to issue a permit may revoke any such permit at any time.”.

Care and storage of fire-arms, etc.

“18. The Minister may make orders—

(a) prescribing the conditions to be observed by any person having any fire-arms, ammunition or explosive substances in his possession as to the care, storage, treatment and disposal of fire-arms, ammunition and explosive substances; and

(b) requiring bona fide vendors to furnish returns of their purchases and sales of, and other dealings in, and stocks of, fire-arms, ammunition and explosive substances to such person and at such times and in such form and manner as may be prescribed in the order.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.